In the case of Calet v. E. Ohio Gas Co., 2017-Ohio-348, an Ohio appellate court denied the City of Akron governmental immunity in a case where a runner’s left foot went into a hole while jogging from the street to the sidewalk.
Ordinarily, governmental entities are protected from liability resulting from injuries caused by an entity’s failure to keep sidewalks in repair. However, evidence in this case indicated that the hole was actually part of the city’s water distribution system. Under Ohio Political Subdivision Tort Liability Act, the maintenance of a water supply system is a “proprietary function,” which is just a fancy term meaning that water supply systems are exempt from the general rule of immunity. R.C. 2744.01(G)(1)(c) (explaining that the maintenance of a water supply system is a proprietary function). As a result, the Ohio appellate court concluded that the plaintiff “presented evidence here that could support the conclusion that the hazard that engulfed [plaintiff’s] foot existed for the purpose of allowing the City to engage in the proprietary function of maintaining the City’s water supply system” and that Akron was not entitled to immunity from liability. Calet at ¶ 16.
To read this case, please click here.
Authors: Matthew John Markling and Patrick Vrobel
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.